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183 Ky. 47

Roundtree v. Meadors

Court of Appeals of Kentucky

Decided January 24, 1919

Court of Appeals of Kentucky · decided 1919-01-24

<p>Appeal and Error — Omissions in Record — Effect.—Where portions of the evidence, bearing upon the-questions involved, are omitted from the record on appeal, the judgment will be affirmed.</p>

Cited by 6 later decisions — most recently December 1957

6 state decisions

Relies on Bryant v. Stephens · First State Bank v. Richardson

Good law ✅— No negative treatment on recordhow we know

Decided 1919-01-24

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¶1Opinion op the Court by

William Rogers Clay, Commissioner

¶2Affirming.

¶3In February, 1914, Mary Roundtree and her husband, Eugene Roundtree, purchased from Alec Cornelius a farm located in Whitley county. The purchase price was $3,500.00, of which, the sum of $2,245.65 was paid in cash, and the balance was represented by two notes, one for $627.35, payable February 4, 1915, and the other for $627.00, payable February 4, 1916, secured by "a lien on the property. On July 11,1914, Mary Roundtree and her *48husband conveyed this farm to Hampton Mea,dors in consideration of the conveyance to them of a farm owned by Meadors, and Ms agreement to discharge the lien notes on the Cornelius farm;

¶4This action was brought by the Roundtrees against Hampton Meadors and wife, and Maynard Meadors, a brother of Hampton Meadors, to set aside the transaction on the ground that Eugene Roundtree was an infant when the conveyance was made, and that the conveyance was obtained from plaintiffs by covin, misrepresentation and fraud. On final hearing, the chancellor held that plaintiffs were not entitled to the relief prayed for, and rendered judgment dismissing the petition. Plaintiffs appeal.

¶5It appears from the clerk’s certificate that four depositions, which were read and considered on the hearing below, are omitted from the record. Where portions of the evidence, bearing upon the questions involved,' are omitted from the record on appeal, the judgment will be affirmed. First State Bank of Irvington, v. Richardson, 167 Ky. 771, 181 S. W. 611; Bryant v. Stephens, 175 Ky. 367, 194 S. W. 327.

¶6Judgment affirmed.

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